mahinder kumar (law adviser ) 18 May 2013

Marriage dispute is ligal or not

With respect to all seniors

Reema got married in 2000 with Delhi boy(raju) who was already with relation of other married woman(rekha without child-having dispute with her husband-kamal) .

in 2002 rekha given a birth to child from Raju .and raju left his home in end of 2002 alone after sending his legal wife(no child) at her parents home. Since 2002 she has neither come back nor given divorce. In 2003 rekha also went away without giving divorcee to her husband –kamal. And after that Rekha & Raju got married in mandir having peaceful life with another girl child.

Kamal (rekha-husband) made police complaint for kidnapping & murder but drop down against Raju as no evidence, proof made available even by police raid.

Now Rekha and Raju need to make their relation legal. What type of legal problem they have to face. Can still her( Raju) wife Reema can take legal action. Or rekha husband kamal also go for further police help. Or Raju & Rekha with 2 childrn can face Jail .

I need your suggestions help in this matter before share with other persons

Reagards----Suman ( Advocate) on behalf of Raju.

Reply Follow

4 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 May 2013

The marriage of Rekha and Raju solomnized in the temple is null and void. The legal wife of Raju can prosecute him for bigamy and husband of Rekha can prosecute Raju for adultery. It is better to seek MCD from their respective legally wedded spouses by sending some mediators to convince them that considering the situation there is no point in holding on to them. After getting MCD they can remarry legally.

(Guest)

Archana Madam,

As always your answers are very good...But will someone be convicted under section 497 when wife of complaining husband has been living with said person willingly for 10 years and even bore two children.

Is there any recent examples of conviction under such section?

Adv Archana Deshmukh (Practicing Advocate) 18 May 2013

Originally posted by : mahinder kumar

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Now Rekha and Raju need to make their relation legal. What type of legal problem they have to face. Can still her( Raju) wife Reema can take legal action. Or rekha husband kamal also go for further police help. Or Raju & Rekha with 2 childrn can face Jail .

I need your suggestions help in this matter before share with other persons

Reagards----Suman ( Advocate) on behalf of Raju.

@ red,

The reply was given with referance to the query asked as what action the other spouses can take. The question of conviction or acquittal is irrelevant here as it depends upon contents of complaint and evidence brought on record which nobody can predict here. After so many years the spouses of Raju and Rekha may not even do anything now. However, if they decide to do anything then, it will be sufficiant to make Mr. Raju run around courts and lose his peace of mind.